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The Competition Act, 2002

Central

An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto.

Act number
12 of 2003
Ministry
Ministry of Corporate Affairs
Enacted
13 Jan 2003

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

98 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Anti-competitive agreements.
  4. Section 4Abuse of dominant position.
  5. Section 5Combination.
  6. Section 6Regulation of combinations.
  7. Section 6AOpen offers, etc.
  8. Section 7Establishment of Commission.
  9. Section 8Composition of Commission.
  10. Section 9Selection Committee for Chairperson and Members of Commission.
  11. Section 10Term of office of Chairperson and other Members.
  12. Section 11Resignation, removal and suspension of Chairperson and other members.
  13. Section 12Restriction on employment of Chairperson and other Members.
  14. Section 13Administrative powers of Chairperson.
  15. Section 14Salary and allowances and other terms and conditions of service of Chairperson and other Members.
  16. Section 15Vacancy, etc., not to invalidate proceedings of Commission.
  17. Section 16Appointment of Director-General, etc.
  18. Section 17Appointment of Secretary, experts, professionals and officers and other employees of Commission.
  19. Section 18Duties and functions of Commission.
  20. Section 19Inquiry into certain agreements and dominant position of enterprise.
  21. Section 20Inquiry into combination by commission.
  22. Section 21Reference by statutory authority.
  23. Section 21AReference by Commission.
  24. Section 22Meetings of Commission.
  25. Section 23Omitted.
  26. Section 24Omitted.
  27. Section 25Omitted.
  28. Section 26Procedure for inquiry under section 19.
  29. Section 27Orders by Commission after inquiry into agreements or abuse of dominant position.
  30. Section 28Division of enterprise enjoying dominant position.
  31. Section 29Procedure for investigation of combinations.
  32. Section 29AIssue of statement of objections by Commission and proposal of modifications.
  33. Section 30Inquiry into disclosures under sub-section (2) of section 6.
  34. Section 31Orders of Commission on certain combinations.
  35. Section 32Acts taking place outside India but having an effect on competition in India
  36. Section 33Power to issue interim orders.
  37. Section 34Omitted.
  38. Section 35Appearance before Commission
  39. Section 36Power of Commission to regulate its own procedure.
  40. Section 37Omitted.
  41. Section 38Rectification of orders
  42. Section 39Execution of orders of Commission imposing monetary penalty.
  43. Section 40Omitted.
  44. Section 41Director General to investigate contravention
  45. Section 42Contravention of orders of Commission.
  46. Section 42ACompensation in case of contravention of orders of Commission
  47. Section 43Penalty for failure to comply with directions of Commission and Director General.
  48. Section 43APower to impose penalty for non-furnishing of information on combinations.
  49. Section 44Penalty for making false statement or omission to furnish material information.
  50. Section 45Penalty for contraventions in relation to furnishing of information.
  51. Section 46Power to impose lesser penalty
  52. Section 47Crediting sums realised by way of penalties to Consolidated Fund of India.
  53. Section 48Contravention by companies.
  54. Section 48ASettlement.
  55. Section 48BCommitment.
  56. Section 48CRevocation of the Settlement or Commitment order and penalty.
  57. Section 49Competition advocacy.
  58. Section 50Grants by Central Government.
  59. Section 51Constitution of Fund.
  60. Section 52Accounts and audit.
  61. Section 53Furnishing of returns, etc., to Central Government.
  62. Section 53AAppellate Tribunal.
  63. Section 53BAppeal to Appellate Tribunal.
  64. Section 53COmitted.
  65. Section 53DOmitted.
  66. Section 53EOmitted.
  67. Section 53FOmitted.
  68. Section 53GOmitted.
  69. Section 53HVacancies.
  70. Section 53IOmitted.
  71. Section 53JOmitted.
  72. Section 53KOmitted.
  73. Section 53LOmitted.
  74. Section 53MOmitted.
  75. Section 53NAwarding compensation
  76. Section 53OProcedures and powers of Appellate Tribunal.
  77. Section 53PExecution of orders of Appellate Tribunal.
  78. Section 53QContravention of orders of Appellate Tribunal.
  79. Section 53ROmitted.
  80. Section 53SRight to legal representation.
  81. Section 53TAppeal to Supreme Court
  82. Section 53UPower to Punish for contempt.
  83. Section 54Power to exempt.
  84. Section 55Power of Central Government to issue directions.
  85. Section 56Power of Central Government to supersede Commission.
  86. Section 57Restriction on disclosure of information
  87. Section 58Chairperson, Members, Director General, Secretary, officers and other employees, etc., to be public servants
  88. Section 59Protection of action taken in good faith.
  89. Section 59ACompounding of certain offences.
  90. Section 60Act to have overriding effect
  91. Section 61Exclusion of jurisdiction of civil courts.
  92. Section 62Application of other laws not barred.
  93. Section 63Power to make rules
  94. Section 64Power to make regulations.
  95. Section 64AProcess of issuing regulations.
  96. Section 64BCommission to issue guidelines.
  97. Section 65Power to remove difficulties.
  98. Section 66Repeal and saving